HomeMy WebLinkAboutC-8650-1 - Grant Agreement for Public Pumpouts (#1171) Grant Number: C8963454State of California — Natural Resources Agency 'Po
DEPARTMENT OF PARKS AND RECREATION VV 0
DIVISION OF BOATING AND WATERWAYS
GRANT AGREEMENT
GRANTEE: City of Newport Beach
GRANT AGREEMENT PERFORMANCE PERIOD In from: September 13, 2020 and continues to February 1, 2021.
GRANT AGREEMENT PERIOD is from: September 13, 2020 and continues 7 years from Date of Acceptance of
Project.
PROJECT TITLE: City of Newport Beach Public Pumpouts (#1171) GRANT NUMBER: C8963454
The Grantee agrees to the terms and conditions of this grant, hereinafter referred to as Agreement, and the State of
California, acting through its Director of Parks and Recreation, pursuant to the State of California agrees to fund the
total State grant of $79,705.57, identified in Exhibit B which is a part of the GRANT AGREEMENT consisting of.
Exhibit A "Vessel Pumpout Facility Installation, Vessel Pumpout and Floating Restroom Operation and Maintenance
Grant Agreemenr, page 1-23. Exhibit B "City of Newport Beach FY 2018119 CVA Pump -out Grant Scope and Cost
Estimate", page 1-2. Exhibit C "GTC 0412017 General Terms and Conditions", page 14, and Exhibit D "California
State Parks Division of Boating and Waterways Clean Vessel Act Grant Application', page 1-22.
This Grant is funded by the U.S. Fish and Wildlife 8, Sport Fish Restoration Program, administered by California
Department of Parks and Recreation, Division of Boating and Waterways.
Total Federal FY18 award, F18AP00295 Coastal Clean Vessel Grant, to California is: $972,000.00.
Grantee: City of Newport Beach Agency: Department of Parks and Recreation
Division of Boating and Waterways
Address: 100 Civic Center Dr. Address: O Capitol Mail, Suite 500
Newport Beach, CA 92660 Sa ramento, A 95814
BY: BY:
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Date I / ' 2 Date f�
CERTIFICATE OF FUNDING
Attest city(FOR STATE USE ONLY) p0147�-avan212q(0
GRANT _ -
AMENDMENT NO
FISGI SUPPLIER NO
PROGRAM
C8963454
0000011771
2855015
AMOUNT ENCUMBERED BY THIS
FUND TITLE
AGENCY KLING CODE NO
DOCUMENT
053709
$79,705.57
FEDERAL TRUST FUND-(F18AP00295) (Coastal)
PRIOR AMOUNT ENCUMBERED BY THIS
GL/APPROP REF/FUND
CHAPTER
STATUTE (EN1I)
FISCAL YEAR
DOCUMENT
3790-101-0890
29
2018
2019/20
$0.00
TOTAL AMOUNT ENCUMBERED TO
RPTG STRUCTURE
ACCOUNT
ACTIVITY
PROJECT
DATE
37900709
5432000
379068800200
$79,705.57
0000000000
68441
T.B.A. NO
I hereby certify upon my own person T knowledge that the budgeted funds are available for this encumbrance.
11
B.R.NO
ACCOUNO FICER'S NAT
DATE
Demetri Williams
10/7/2020
APPROVED AS TO FORM:
C" A OFFICE
�'�,�i )�Z� I•iYII�'I �I ��E InM,::Ni.j;�fi i� Z:
Grant Agreement #C8963454
Exhibit A
VESSEL PUMPOUT FACILITY INSTALLATION,
VESSEL PUMPOUT AND FLOATING RESTROOM
OPERATION AND MAINTENANCE GRANT
AGREEMENT
TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS.....................................................................................3
ARTICLE 2 -
TERM OF AGREEMENT..................................................................4
ARTICLE3 -
GRANT...............................................................................................
4
ARTICLE 4 -
COMPLIANCE WITH LAW, REGULATION, AND POLICY...............4
ARTICLE 5 -
USER FEES (50 CFR 85.44)............................................................
5
ARTICLE 6 -
PROJECT COMPLETION DATE ......................................................
5
ARTICLE 7 -
DISBURSEMENT OF GRANT...........................................................5
ARTICLE 8 -
SPECIAL PROVISIONS...................................................................6
ARTICLE 9 - COST SHARING OR MATCHING (2 CFR 200.306)
......................10
ARTICLE 10
- CONSTRUCTION OF PROJECT..................................................11
ARTICLE 11
- WAIVER OF RIGHTS.....................................................................12
ARTICLE 12
- PROJECT REPRESENTATIVES.................................................12
ARTICLE 13
- REMEDIES NOT EXCLUSIVE.......................................................12
ARTICLE 14
- OPINIONS AND DETERMINATIONS............................................12
ARTICLE 15
- ASSIGNMENT, SALE, OR TRANSFER........................................13
ARTICLE 16
- SUCCESSORS AND ASSIGNS OBLIGATED...............................13
ARTICLE 17
- TERMINATION...............................................................................13
ARTICLE 18
- LIABILITY.......................................................................................14
ARTICLE 19
- WAIVERS.......................................................................................14
ARTICLE 20
- DISPUTE RESOLUTION...............................................................15
ARTICLE 21
- WAIVER OF THE STATUTE OF LIMITATIONS ...........................15
ARTICLE 22
- NOTICES........................................................................................15
ARTICLE 23
- PRIOR TERMINATION..................................................................15
ARTICLE24
- AUDIT.............................................................................................16
ARTICLE 25 - IMPLEMENTATION OF PROJECT...............................................16
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Exhibit A
ARTICLE 26 - COMPLIANCE WITH FEDERAL REQUIREMENTS .....................16
ARTICLE 27
- OUTSIDE SERVICES (NON-EXCLUSIVITY)...............................16
ARTICLE 28
- STATUS REPORTS......................................................................16
ARTICLE 29
- MEETINGS....................................................................................16
ARTICLE 30
- REVISION OF BUDGET AND PROGRAM PLANS (2 CFR
200.308)........................................................................................17
ARTICLE 31
- TERMS AND CONDITIONS.........................................................17
ARTICLE 32
- MANDATORY DISCLOSURES....................................................17
ARTICLE 33 -
GRANTEE IDENTIFICATION NUMBER.......................................18
ARTICLE 34 - REPORTABLE PAYMENT IDENTIFICATION AND
CLASSIFICATION........................................................................
18
ARTICLE 35 - NATIONAL LABOR RELATIONS BOARD CERTIFICATION ........
18
ARTICLE 36 -
INCORPORATION OF NONDISCRIMINATION CLAUSE ............18
ARTICLE 37 -
STATEMENT OF COMPLIANCE...................................................18
ARTICLE 38 -
NONDISCRIMINATION CLAUSE..................................................19
ARTICLE 39 -
ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT
EMPLOYEE WHISTLEBLOWER PROTECTION ........................19
ARTICLE 40 - EQUAL OPPORTUNITY CLAUSE ................................................
20
ARTICLE 41 -
SUPERSEDING GENERAL TERMS AND CONDITIONS.............23
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Exhibit A
ARTICLE 1 - DEFINITIONS
A. ALLOWABLE PROJECT COSTS means those permitting, planning, signage,
labor, design, material and construction costs which are necessarily incurred
by the Grantee for the purpose of completing the Project and are covered by
the Grant as eligible Grant activities; such Project Costs shall not include
any expenses incurred prior to the Effective Date of this Agreement nor any
expenses incurred for ineligible activities unless otherwise noted in the
Project Scope and Cost Estimate (Exhibit B).
B. DATE OF ACCEPTANCE, for Installation Agreements, means the date
specified on the Project Completion Certification and which denotes the
beginning of the seven (7) year portion of the grant term in accordance with
Article 2 of this Exhibit.
C. DEPARTMENT means the Department of Parks and Recreation, Division of
Boating and Waterways.
D. EFFECTIVE DATE means either the mutually agreed upon Project start date
or the approval date by the Department of General Services (DGS),
whichever is later. In cases where DGS approval is not required, this
Agreement is of no force or effect until the date of the last signature. No
work shall commence until the Effective Date.
E. GRANT means the funds provided pursuant to Harbors and Navigation Code
Section 72.75 and the Federal Clean Vessel Act of 1992 (50 CFR Part 85) to
finance all or part of the Project Costs.
F. GRANT AGREEMENT means the agreement to which these standard terms
and conditions are appended.
G. GRANTEE means the person or entity identified as the Grantee on the face
page of the Agreement.
H. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and
private) shall have the same full and reasonable access to the facilities for the
purpose of sewage disposal.
PROJECT means the Project Scope attached and made part of the
Agreement as Exhibit B.
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Exhibit A
J. PROJECT AREA means the area described in Exhibit B within which the Project
will be undertaken.
K. PROJECT COMPLETION CERTIFICATION, for Installation Agreements, means
a fully executed Notice of Completion, or equivalent, which states the Grantee
has accepted the Project as complete on a specific date (Date of Acceptance).
ARTICLE 2 - TERM OF AGREEMENT
A. For Installation projects, the term of this Agreement, subject to the provisions for
prior termination, shall begin on the Effective Date of the Agreement and shall
continue for seven (7) years from the date that the Project is accepted by the
Department.
B. This Agreement may be extended, amended, or canceled upon written
agreement of both the Department and the Grantee.
ARTICLE 3 - GRANT
A. The Department hereby grants up to SEVENTY NINE THOUSAND SEVEN
HUNDRED FIVE DOLLARS AND FIFTY SEVEN CENTS, $79,705.57, to the
Grantee, for installation of the pumpout facilities at Newport Beach Marina in
compliance with the regulations of the Clean Vessel Act (50 CFR Part 85).
B. The Grant shall not exceed SEVENTY FIVE PERCENT (75%) of the allowable
Project Costs. The Grantee shall contribute the remaining TWENTY FIVE
PERCENT (25%).
C. The Grant provides for reimbursement with Federal Funds [FED CATALOG
15.616].
D. The Project work shall be in accordance with the approved Project Scope and
Cost Estimate, attached as Exhibit B which is made part of this Grant
Agreement.
ARTICLE 4 - COMPLIANCE WITH LAW, REGULATION, AND POLICY
A. Grantee shall comply with all applicable laws and regulations of the State of
California, U.S. Fish and Wildlife Code of Federal Regulations (2 CFR 200, 50
CFR 85), Equal Opportunity (41 CFR 60-1.4(b)), Copeland "Anti -Kickback" Act
(40 U.S.C. 3145), Contract Work Hours and Safety Standards Act (40 U.S.C.
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Exhibit A
3701-3708), "Rights to Inventions Made by Nonprofit Organizations and Small
Business Firms Under Government Grants, Contracts and Cooperative
Agreements" (37 CFR Part 401), Clean Air Act (42 U.S.C. 7401-7671 q.), and the
Federal Water Pollution Control Act as amended (33 U. S.C. 1251-1387),
Debarment and Suspension (Executive Orders 12549 and 12689), Byrd Anti -
Lobbying amendment (31 U.S.C. 1352). Updated regulations are available at
the U. S. Fish and Wildlife website http://www.fws.gov/grants/resources.html.
ARTICLE 5 - USER FEES (50 CFR 85.44)
A. The Grantee may not charge a fee for the use of any floating restroom
facilities covered by this Grant.
B. The Grantee may charge a fee for the use of the pumpout facility
constructed, operated, or maintained with the Grant: however; those fees may
only be used to defray operation and maintenance costs incurred from the
operation of the vessel pumpout facility. The Grantee may not charge a total fee
in excess of $5.00 for the use of the pumpout facility constructed without prior
written approval of the Department. The $5.00 fee may be increased or
decreased annually in accordance with percentage changes in the United States
Bureau of Labor Statistics Consumer Price Index (CPI) using the CPI index for
December 1993 (436.8) as the base for any adjustment. Fees shall be equal
for all users. However, members and customers may prepay for pumpouts
within a fee structure, so that a separate fee for pumpouts at the time of use
would not be needed for those members and customers.
ARTICLE 6 - PROJECT COMPLETION DATE
For all Installation projects, the Grantee shall complete the vessel pumpout facility
project as described in the Project Scope, Exhibit B and hereinafter referred to as
"Project" no later than February 1, 2021.
ARTICLE 7 - DISBURSEMENT OF GRANT
The Department shall provide a Grant to the Grantee up to the maximum amount stated
on the face page of the Agreement, however: No funds shall be disbursed for work
performed prior to the Effective Date of this Agreement. The Department shall have no
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obligation to disburse any of the Grant to cover construction costs unless and until the
Grantee demonstrates that it has acquired all permits necessary to construct and
operate the Project. The Department shall have no obligation to disburse any of the
Grant unless and until the Grantee provides the Department with copies of fully
executed contracts for which it seeks reimbursement. Grant disbursements to cover
Project Costs shall be made in arrears as follows:
A. Grantee shall request a Grant disbursement in arrears at least quarterly, but not
more frequently than monthly, for any and all reimbursable expenses incurred
during that period, using the form provided by the Department unless Grantee
has a form otherwise approved by the Department in writing. Paid invoices or
other evidence of Grantee's payment of Project Costs must accompany Grant
disbursement requests. When Grantee's staff completes work, Grantee shall
submit clearly identified signed time sheets noting hours worked towards this
project, direct pay rates, including benefits are required, for each installer to
substantiate that the minimum match requirement has been met.
B. Grant disbursement requests shall be submitted in duplicate hardcopy to the
Department in a form satisfactory to the Department. In the event no
reimbursable expenses were incurred during a quarter, the Grantee shall report
to the Department of any progress made on the Project, or explanation of no
progress made on the Project, at least monthly.
C. Grantee shall request final Grant disbursement no later than thirty (30) days
following the Date of Acceptance of the Project by the Grantee.
D. The Department may withhold any Grant disbursement if the Grantee fails to
comply with any of the provisions of this Agreement.
ARTICLE 8 - SPECIAL PROVISIONS
A. The pumpout facility constructed under this Grant shall be operated, maintained,
and be open and available to the public for the full term of this Agreement.
Operation of the pumpout facility shall be during normal business hours
each day and availability shall not be hindered by locked enclosures,
padlocks, pass keys, electronic keys, token systems, or other means.
2. The pumpout facility constructed under this Agreement shall be
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equipped with an hour meter to record its usage.
3. All pumpout systems shall be provided with a wireless, real time
monitoring, data collection, and reporting system. The monitoring
system shall be factory installed by the pumpout manufacturer. The
monitoring system shall be either of the following:
a) MarineSync [(888) 988 -SYNC (7962)], Model MSI -Plug & Play
Package w/2 -Year Data Plan (p/nMS0101.002),
b) PumpWatcher Co. [(727) 641-1936] Monitoring System #PW-
RS1 w/2 -Year Data Plan or equal approved by the Department.
4. The Grantee shall maintain the monitoring system and data plan for the
full term of this Agreement. The Department shall also be provided full
access to the data collected by the monitoring system upon request.
B. The floating restroom(s) operated and maintained under this grant shall be open
and available to the public for the full term of this Agreement.
1. The floating restroom(s) shall not be moored, tied to, or located within or
immediately adjacent to any marina. The intention of the floating
restrooms is to provide sanitary facilities in locations that would not
otherwise be available due to remote location, limited or no landside
access, or rough topography.
C. For vessel pumpout facility, the Grant recipient shall install signage that shall:
1. Indicate the presence of a pumpout facility. (State supplied sign),
2. Acknowledge that the facility was constructed or improved with funds from
the Clean Vessel Act. (State supplied sign),
3. Provide appropriate information at the pumpout facility that indicates
fees, restrictions, operation instructions, and a contact name and
number if the facility is inoperable, and
4. Provide notice on the pumpout facility that identifies the local city,
county, local public health officer, or boating law enforcement officer
responsible forenforcing the pumpout regulations in the local area.
D. For floating restroom facility, the Grant recipient shall install signage that shall:
1. Acknowledge that the facility was constructed with funds from the Clean
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Vessel Act. (State supplied sign)
E. Operation and Maintenance of Project
1. Because the Department has invested public funds in this facility, the
Department has a vested interest in its success. The Grantee therefore
shall ensure that the facilities are operated and maintained in a manner
that will prevent discharge of any sewage to the waters of the State. The
facilities shall be maintained in good working order, and they shall be
regularly cleaned for the entire term of this Agreement.
2. Facilities shall be subject to periodic die testing for the term of the grant
agreement. This testing may be performed by representatives of DBW
and/or marina staff. The purpose of the testing is to identify any
previously undetected issues in the pumpout system and related
plumbing to shoreline facilities so they can be addressed promptly as to
prevent waterbody pollution and possible fines that may be imposed by
environmental agencies.
3. The Grantee shall be responsible for all costs of maintenance,
management, control, and operation of the Project Area.
4. The Department and its agents may, at any and all reasonable times
during the term of this Agreement, enter the Project Area for purposes of
inspecting the facilities to determine if the facility is being maintained
according to the terms of this Agreement and the Maintenance
Guidelines listed below.
5. The Grantee hereby authorizes the Department and its agents to
periodically at all reasonable times enter the Project Area to inspect the
grant funded improvements and publish the results as a part of its
ongoing monitoring of California's sewage disposal network.
6. Failure by Grantee to maintain the facility according to this section is a
breach of this Agreement and may subject the Grantee to Termination
of this Agreement.
7. The Department and its agents may, at any and all reasonable times
during the term of this Agreement, enter the Project Area.
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8. The Department and its agents may install upon the facilities equipment a
monitoring device to record the operation and reliability of the Project
under this Agreement.
9. The Grantee shall at a minimum maintain the facility in accordance with
the Maintenance Guidelines below:
a) Vessel pumpout facilities shall be inspected daily for cleanliness,
suction hose and nozzle conditions, discharge pipe condition, and
general pump operating condition. All repairs shall be completed
within 72 hours of identifying a need. Perform cleanup and
maintenance as required.
b) Floating restroom facilities shall be inspected weekly for cleanliness,
and general operating condition. All repairs shall be completed within
72 hours of identifying a need. Perform cleanup and maintenance as
required.
c) As recommended by the equipment manufacturer, perform
preventative maintenance for all equipment according to the
manufacturer's recommended schedule.
10. All Contracts issued by grantee for work related to this award shall comply
with Federal requirements 2 CRF identified in section §§200.318 General
procurement standards through 200.326 Contract provisions.
F. Upon expiration of the Agreement, all improvements made by the Grantee shall
become property of the Grantee.
G. Grantee shall each year provide information about the use and reliability of
the facilities in the form of a post -implementation evaluation report (PIER)
provided by the Department and shall provide the results of the PIER to the
Department no later than 30 days after receipt of the PIER.
H. Notices required between the parties shall be deemed to have been given on
the date they are mailed to the respective party's address herein, first-class
postage fully prepaid thereon.
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ARTICLE 9 - COST SHARING OR MATCHING (2 CFR 200.306)
A. All shared costs, matching funds, and contributions, including cash and third
party in-kind contributions, shall meet all of the following criteria:
Shall be clearly and specifically detailed in writing, and verified by
Grantee,
2. Shall not be included as contributions for any other Federal award,
3. Shall be necessary and reasonable for accomplishment of Project or
program objectives,
4. Shall be allowable under Subpart E below,
5. Shall not be paid by the Federal Government under another Federal
award, except where the Federal statute authorizing a program specifically
provides that Federal funds made available for that program may be
applied to matching or cost sharing requirements of other Federal
programs,
6. Shall be provided for in the approved budget when required by the Federal
awarding agency, and
7. Shall conform to other provisions of this part, as applicable.
B. Unrecovered indirect costs, including indirect costs on cost sharing or matching,
may be included as part of cost sharing or matching only with the prior approval
of the Federal awarding agency. Unrecovered indirect cost means the difference
between the amount charged to the Federal award and the amount which could
have been charged to the Federal award under the non -Federal entity's
approved negotiated indirect cost rate.
C. Volunteer services furnished by third -party professional and technical personnel,
consultants, and other skilled and unskilled labor may be counted as cost sharing
or matching if the service is an integral and necessary part of an approved
Project or program. Rates for third -party volunteer services must be consistent
with those paid for similar work by the non -Federal entity. In those instances, in
which the required skills are not found in the non -Federal entity, rates must be
consistent with those paid for similar work in the labor market in which the non -
Federal entity competes for the kind of services involved. In either case, paid
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fringe benefits that are reasonable, necessary, allocable, and otherwise
allowable may be included in the valuation.
D. When a third -party organization furnishes the services of an employee, these
services must be valued at the employee's regular rate of pay plus an amount of
fringe benefits that is reasonable, necessary, allocable and otherwise allowable,
and indirect costs at either the third party organization's approved federally
negotiated indirect cost rate or, a rate in accordance with §200.414. Indirect (F &
A) costs, paragraph (d), provided these services employ the same skill(s) for
which the employee is normally paid. Where donated services are treated as
indirect costs, indirect cost rates will separate the value of the donated services
so that reimbursement for the donated services will not be made.
E. Donated property from third parties may include such items as equipment, office
supplies, laboratory supplies, or workshop and classroom supplies. Value
assessed to donated property included in the cost sharing or matching share
must not exceed the fair market value of the property at the time of the donation.
F. The value of donated space must not exceed the fair rental value of comparable
space as established by an independent appraisal of comparable space and
facilities in a privately owned building in the same locality.
G. The value of loaned equipment must not exceed its fair rental value.
1. For third -party in-kind contributions, the fair market value of goods and
services must be documented and to the extent feasible supported by the
same methods used internally by the non -Federal entity.
2. For Institutes of Higher Education, see also OMB memorandum M-01-06,
dated January 5, 2001, Clarification of OMB A-21 Treatment of Voluntary
Uncommitted Cost Sharing and Tuition Remission Costs.
ARTICLE 10 - CONSTRUCTION OF PROJECT
A. All contracts for the Project shall:
1. Be awarded in accordance with all applicable laws and regulations,
including but not limited to competitive bidding,
2. Contain the following clause: "Representatives of the Department shall
be allowed access to all parts of the construction work.",
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3. Contain a clause that the contractor shall comply with all air pollution
and environmental control rules, regulations, ordinances and statutes
which apply to the Project and any work performed pursuant to the
contract, and
4. Contain a clause that requires the contractors to ensure the structural
integrity and safety of the Project.
B. Inspection reports and related inspection data shall at all reasonable times
be accessible to the Department personnel, and all request for copies of
such reports and data shall be provided to the Department by the Grantee.
ARTICLE 11 -WAIVER OF RIGHTS
Any waiver by either party hereto of its rights with respect to a default or any other
matter arising in connection with the Agreement shall not be deemed to be a
continuing waiver with respect to that default, or to any other default or matter.
ARTICLE 12 - PROJECT REPRESENTATIVES
The Grantee and the Department shall each designate, in writing, specific staff
representatives for the purposes of communication between parties. Grantee's
representative shall be confirmed by delegation of authority, signed by the person
designated by Resolution to sign the Agreement or any amendments, and to make
decisions concerning the Agreement.
ARTICLE 13 - REMEDIES NOT EXCLUSIVE
The use by either the Department or the Grantee of any remedy specified in this
Agreement for the enforcement of this Agreement is not exclusive and shall not
deprive the party using such remedy of, or limit the application of, any other
remedy provided by law.
ARTICLE 14 - OPINIONS AND DETERMINATIONS
Where the terms of this Agreement provide for action to be based upon the opinion,
judgment, approval, review, or determination of either the Department or Grantee,
such terms are not intended to be and shall never be construed as permitting such
opinion, judgment, approval, review, or determination to be arbitrary, capricious, or
unreasonable.
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ARTICLE 15 - ASSIGNMENT, SALE, OR TRANSFER
A. No assignment, sale, or transfer of this Agreement or any part hereof, rights
hereunder, or interest herein by Grantee shall be valid unless and until it is
approved in writing by the Department and made subject to such reasonable
terms and conditions as the Department may impose.
B. Grantee shall require, as a condition of assignment, sale or transfer of the
property on which the Project is constructed, that the assignee, purchaser or
transferee of the property assume, in writing, in such manner as shall be
satisfactory to the Department, the obligations of this Agreement. Failure to
comply with this provision shall constitute a default and shall be grounds for
Department to terminate this Agreement.
ARTICLE 16 - SUCCESSORS AND ASSIGNS OBLIGATED
This Agreement and all of its provisions shall apply to and bind the successors and
assigns of the parties to this Agreement.
ARTICLE 17 - TERMINATION
A. TERMINATION FOR CONVENIENCE
1. The Department may terminate this Agreement at any time for the
convenience of the State upon thirty (30) days prior written notice,
delivered by certified mail or in person to Grantee. Upon notice of
such termination, Grantee shall, within thirty (30) days, return by
check payable to the Department all unexpended Grant funds not
previously approved for expenditure by the Department.
2. Grantee may terminate this Agreement at any time upon thirty (30)
days prior written notice, delivered by certified mail or in person to the
Department, provided, however, that upon any such termination of the
Agreement Grantee shall, within thirty (30) days of such termination,
reimburse by check payable to the Department all funds contributed
by the Department to the Project on a prorated basis as determined by
the Department.
B. TERMINATION FOR DEFAULT
The Department may at any time upon ninety (90) days prior written notice of
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default, and, when applicable, after having afforded Grantee an opportunity
to cure any breach pursuant to Article 13 of this Exhibit, terminate this
Agreement if the Grantee has failed to abide by any applicable provision of
this Agreement. In such case, Grantee shall, within ninety (90) days of its
receipt of a notice of termination, reimburse by check all funds contributed by
the Department to the Project on a prorated basis as determined by the
Department.
ARTICLE 18 - LIABILITY
A. The Grantee waives all claims and recourse against the Department
including the right to contribution for any loss or damage arising from,
growing out of or in any way connected with or incident to this Agreement.
B. The Grantee agrees to indemnify, defend and hold harmless, the
Department, its officers, agents and employees from any and all claims and
losses accruing or resulting to any and all contractors, subcontractors,
suppliers, laborers, and any other person, firm, entity or corporation
furnishing or supplying work services, materials, or supplies in connection
with the performance of this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm, entity or corporation who
may be injured or damaged in the performance of this Agreement or by any
aspect of the Project during the term of this Agreement.
C. The Grantee shall indemnify, hold harmless, and defend the Department, its
officers, agents and employees against any and all claims, demands,
damages, costs, expenses and liability connected with or arising out of the
acquisition, design, construction, operation, maintenance, existence or
failure of the Project.
D. If the Department is named as a co-defendant, the Grantee shall notify the
Department and represent it unless the Department elects to represent itself.
If the Department undertakes its own defense, it shall bear its own litigation
costs, expenses, and attorney's fees.
ARTICLE 19 - WAIVERS
No delay on the part of any party in exercising any right, power or privilege under
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Grant Agreement #C8963454
Exhibit A
this Agreement shall operate as a waiver of that right, power, or privilege, nor shall
any written waiver on the part of any party of any right, power or privilege under
this Agreement, nor any single or partial exercise of any right, power or privilege
under this Agreement, preclude any other or further exercise thereof or the
exercise of any other right, power or privilege under this Agreement. A written
waiver of any breach of any kind shall not be construed as a waiver of any
subsequent breach of the same kind.
ARTICLE 20 - DISPUTE RESOLUTION
Any dispute arising under the terms of this Agreement which is not disposed of
within a reasonable period of time by the Grantee and Department representatives
normally responsible for the administration of this Agreement shall be brought to
the attention of the Deputy Director of the Division of Boating and Waterways or the
Deputy Director's designee. At the request of either party, the Department shall
provide a forum for the discussion of the disputed matter(s). If agreement cannot
be reached, either party may assert its other rights and remedies within this
Agreement in a court of competent jurisdiction.
ARTICLE 21 - WAIVER OF THE STATUTE OF LIMITATIONS
Grantee waives the benefit of any statute of limitations affecting its liability under
this Agreement or the enforcement of this Agreement to the extent permitted by
law.
ARTICLE 22 - NOTICES
Notices required between the parties shall be deemed to have been given when
mailed to the respective addresses listed in this Agreement, first class postage fully
prepaid thereon, unless otherwise required by law.
ARTICLE 23 - PRIOR TERMINATION
The Agreement shall terminate on the date specified in Article 6 of this Agreement
if by such date (1) the Grantee has not met all conditions precedent to
disbursement under this Agreement or (2) if the Department has disbursed no part
of the Grant funds.
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Grant Agreement #C8963454
Exhibit A
ARTICLE 24 - AUDIT
In addition to the audit requirements specified in other sections of this Agreement,
Grantee understands and agrees that, as a recipient of Federal Funds, it must
comply with all applicable audit requirements imposed by federal law, regulations
or policy, including but not limited to the Single Audit Act and the reporting
requirements set forth in 2CFR200, Subpart F.
ARTICLE 25 - IMPLEMENTATION OF PROJECT
All contracts for the Project shall be awarded in accordance with all applicable laws
and regulations.
ARTICLE 26 - COMPLIANCE WITH FEDERAL REQUIREMENTS
Grantee shall comply with all applicable Federal laws, regulations, and policies,
including those summarized in Part 523, Chapter 1 of the U.S. Fish and Wildlife
Service Handbook. These requirements include provisions for nondiscrimination,
environmental standards, historic and cultural preservation, and other
administrative guidelines, and are incorporated herein by this reference as if fully
set forth.
ARTICLE 27 - OUTSIDE SERVICES (NON -EXCLUSIVITY)
DBW shall, at its sole discretion, have the right to obtain services relating to the subject
and objectives of this Agreement outside the terms of this Agreement.
ARTICLE 28 - STATUS REPORTS
A. Brief, monthly status reports shall be submitted by the Grantee describing work
carried out during the previous month and discussing progress toward the
objective of the Project. Discussion of any problems, delays or other difficulties
encountered in the Project progress shall also be included in the status reports.
B. Status reports shall be submitted by email or letter as closely as possible to the
first working day of each calendar month.
ARTICLE 29 - MEETINGS
Upon the request of DBW, the Grantee shall participate in joint meetings with
representatives of DBW to review the Project status. These meetings shall be held at
the Grantee's premises or in Sacramento at DBW headquarters at the discretion of the
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Grant Agreement #C8963454
Exhibit A
DBW Project Representative.
ARTICLE 30 - REVISION OF BUDGET AND PROGRAM PLANS (2 CFR 200.308)
A. The approved budget for the Federal award summarizes the financial aspects of
the Project or program as approved during the Federal Award process. It may
include either the Federal and non -Federal share (see §200.43 Federal share) or
only the Federal share, depending upon Federal awarding agency requirements.
It must be related to performance for program evaluation purposes whenever
appropriate.
B. Recipients are required to report deviations from budget or Project Scope or
objective and request prior approvals from Federal awarding agencies for budget
and program plan revisions, in accordance with this section.
C. Grantees must request prior written approval from DBW for any of the following
deviations of the proposed workplan; as described in attached Exhibit B.
Change in the scope or the objective of the Project (even if there is no
associated budget revision requiring prior written approval).
2. Change in a key person specified in the application.
3. The disengagement from the Project for more than three months, or a 25
percent reduction in time devoted to the Project.
4. The transfer of funds budgeted for tasks defined in the workplan budget.
5. Changes in the approved cost sharing or matching provided by the
Grantee.
6. Need arises for additional funds to complete the Project.
ARTICLE 31 - TERMS AND CONDITIONS
This Agreement is subject to the terms and conditions in this Agreement and in Exhibits
A, B, C, and D of this Agreement.
ARTICLE 32 - MANDATORY DISCLOSURES
The non -Federal entity or applicant for a Federal award must disclose, in a timely
manner, in writing to the Federal awarding agency or pass-through entity all violations of
Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting
the Federal award. Failure to make required disclosures can result in any of the
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Exhibit A
remedies described in §200.338 remedies for noncompliance, including suspension or
debarment. (See also 2 CFR part 180 and 31 U.S.C. 3321).
ARTICLE 33 - GRANTEE IDENTIFICATION NUMBER
Each Grantee who enters into an Agreement with the State of California must
provide their Federal Employee Identification Number (FEIN), or Social Security
Number (SSN), whichever is applicable.
ARTICLE 34 - REPORTABLE PAYMENT IDENTIFICATION AND CLASSIFICATION
Grantee shall comply with State and Federal Reportable Payment Identification and
Classification Requirements by fully completing the "Vendor Data Record" Std. 204.
By signing this Agreement, Grantee understands and agrees that if Grantee does
not fully complete the "Vendor Data Record" the State shall reduce the total Grant
amount by twenty-one percent (21 %) for federal backup withholding, and seven
percent (7%) for state income tax withholding.
ARTICLE 35 - NATIONAL LABOR RELATIONS BOARD CERTIFICATION
By signing this Agreement, the Grantee affirms under penalty of perjury, that no
more than one (1) final, unappealable finding of contempt of court by a federal
court has been issued against the Grantee or any of its contractors within the
immediately preceding two year period because of Grantee's failure to comply with
an order of a federal court which ordered the Grantee to comply with an order of
the National Labor Relations Board (California Public Contract Code §10296).
ARTICLE 36 - INCORPORATION OF NONDISCRIMINATION CLAUSE
The Grantee shall include the nondiscrimination clause and its compliance
provisions into all contracts and subcontracts to perform work under this
Agreement.
ARTICLE 37 - STATEMENT OF COMPLIANCE
By signing this Agreement, the Grantee certifies under penalty of perjury under the
laws of the State of California, unless specifically exempted, that it has complied
with California Government Code §12990 and the California Code of Regulations,
Title 2, Division 4, Chapter 5, in matters relating to the development,
implementation, and maintenance of a nondiscrimination program.
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Grant Agreement #C8963454
Exhibit A
ARTICLE 38 - NONDISCRIMINATION CLAUSE
A. During the performance of this Agreement, the Grantee and all of its
contractors and subcontractors shall not unlawfully discriminate, harass or
allow harassment, against any employee or applicant for employment
because of sex, race, color, ancestry, religion, national origin, physical
handicap, disability (including, but not limited to HIV and AIDS), cancer
related medical condition, age, or marital status. Grantee and all of its
contractors and subcontractors shall ensure that the evaluation and
treatment of their employees and applicants for employees and applicants
for employment are free from such discrimination and harassment.
B. Grantee and all of its contractors and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (California Government
Code §12900, et seq.), and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, §7285.0, et seq.). The
applicable regulations of the Fair Employment and Housing Commission
implementing California Government Code §12990 (a -f) set forth in Chapter
5 of Division 4 of Title 2 of the California Code of Regulations are
incorporated herein by reference, and made a part hereof as if set forth in
full. Grantee and all of its contractors and subcontractors shall give written
notice of their obligation under this clause to labor organizations with which
they have a collective bargaining or other Agreement.
ARTICLE 39 - ENHANCEMENT OF RECIPIENT AND SUBRECIPIENT EMPLOYEE
WHISTLEBLOWER PROTECTION
A. This award, related subawards, and related contracts over the simplified
acquisition threshold and all employees working on this award and related
subawards and related contracts over the simplified acquisition threshold are
subject to the whistleblower rights and remedies established at 41 USC 4712.
B. Recipients, their subrecipients, and their contractors awarded contracts over the
simplified acquisition threshold related to this award, shall inform their employees
in writing, in the predominant language of the workforce, of the employee
whistleblower rights and protections under 41 USC 4712.
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Grant Agreement #C8963454
Exhibit A
C. The recipient shall insert this clause, including this paragraph (c), in all
subawards and contracts over the simplified acquisition threshold related to this
award.
ARTICLE 40 - EQUAL OPPORTUNITY CLAUSE
Federally assisted construction Grants.
The applicant (Grantee) hereby agrees that it will incorporate or cause to be
incorporated into any contract for construction work, or modification thereof, as defined
in the regulations of the Secretary of Labor at 41 CFR chapter 60, which is paid for in
whole or in part with funds obtained from the Federal Government or borrowed on the
credit of the Federal Government pursuant to a Grant, contract, loan insurance, or
guarantee, or undertaken pursuant to any Federal program involving such Grant,
contract, loan, insurance, or guarantee, the following equal opportunity clauses:
The Grantee will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation,
gender identity, or national origin. The Grantee will take affirmative action
to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex,
sexual orientation, gender identity, or national origin. Such action shall
include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment, or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for
training, including apprenticeship. The Grantee agrees to post in
conspicuous places, available to employees and applicants for
employment, notices to be provided by the Granting officer setting forth
the provisions of this nondiscrimination clause.
2. The Grantee will, in all solicitations or advertisements for employees
placed by or on behalf of the Grantee, state that all qualified applicants will
receive consideration for employment without regard to race, color,
religion, sex, sexual orientation, gender identity, or national origin.
3. The Grantee will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
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Grant Agreement #C8963454
Exhibit A
understanding, a notice to be provided by the agency Granting officer,
advising the labor union or workers' representative of the Grantee's
commitments under section 202 of Executive Order 11246 of September
24, 1965, and shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
4. The Grantee will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of
the Secretary of Labor.
5. The Grantee will furnish all information and reports required by Executive
Order 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit
access to his books, records, and accounts by the Granting agency and
the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations, and orders.
6. In the event of the Grantee's non-compliance with the nondiscrimination
clauses of this Grant or with any of such rules, regulations, or orders, this
Grant may be canceled, terminated or suspended in whole or in part and
the Grantee may be declared ineligible for further Government Grants in
accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as
otherwise provided by law.
7. The Grantee will include the provisions of paragraphs (1) through (7) in
every contract, subcontract or purchase order unless exempted by rules,
regulations, or orders of the Secretary of Labor issued pursuant to section
204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each contractor, subcontractor or vendor.
The Grantee will take such action with respect to any contract, subcontract
or purchase order as may be directed by the Secretary of Labor as a
means of enforcing such provisions including sanctions for
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Exhibit A
noncompliance: Provided, however, that in the event the Grantee
becomes involved in, or is threatened with, litigation with a contractor,
subcontractor or vendor as a result of such direction, the Grantee may
request the United States to enter into such litigation to protect the
interests of the United States.
A. The applicant (Grantee) further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in federally assisted construction work: Provided, that if the applicant
(Grantee) so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or subdivision
of such government which does not participate in work on or under the Grant.
B. The applicant (Grantee) agrees that it will assist and cooperate actively with the
administering agency and the Secretary of Labor in obtaining the compliance of
contractors and subcontractors with the equal opportunity clause and the rules,
regulations, and relevant orders of the Secretary of Labor, that it will furnish the
administering agency and the Secretary of Labor such information as they may
require for the supervision of such compliance, and that it will otherwise assist
the administering agency (Department) in the discharge of the agency's primary
responsibility for securing compliance.
C. The applicant (Grantee) further agrees that it will refrain from entering into any
contract or contract modification subject to Executive Order 11246 of September
24, 1965, with a contractor debarred from, or who has not demonstrated eligibility
for, Government contracts and federally assisted construction Grants or contracts
pursuant to the Executive order and will carry out such sanctions and penalties
for violation of the equal opportunity clause as may be imposed upon Grantees
and contractors by the administering agency or the Secretary of Labor pursuant
to Part II, Subpart D of the Executive order. In addition, the applicant (Grantee)
agrees that if it fails or refuses to comply with these undertakings, the
administering agency (Department) may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this Grant (contract, loan,
insurance, guarantee); refrain from extending any further assistance to the
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Grant Agreement #C8963454
Exhibit A
applicant (Grantee) under the program with respect to which the failure or refund
occurred until satisfactory assurance of future compliance has been received
from such applicant (Grantee); and refer the case to the Department of Justice
for appropriate legal proceedings.
Subcontracts. Each of Grantee's nonexempt prime contractors or subcontractors shall
include the equal opportunity clause in each of its nonexempt subcontracts.
A. Incorporation by reference. The equal opportunity clause maybe incorporated
by reference in all Government contracts and subcontracts, including
Government bills of lading, transportation requests, contracts for deposit of
Government funds, and contracts for issuing and paying U.S. savings bonds and
notes, and such other contracts and subcontracts as the Deputy Assistant
Secretary may designate.
B. Other incorporation, The equal opportunity clause shall be considered to be a
part of every one of Grantee's contracts and subcontracts and all such contracts
and subcontracts shall be deemed to include such a clause whether or not it is
physically incorporated in such contracts and whether or not the contract
between the agency and the contractor is written.
Adaptation of language. Such necessary changes in language may be made in the
equal opportunity clause as shall be appropriate to identify properly the parties and their
undertakings.
ARTICLE 41 - SUPERSEDING GENERAL TERMS AND CONDITIONS
A. The reference to the Contractor in Exhibit C is the Grantee in this
Agreement.
B. Notwithstanding Paragraph 13 in Exhibit C, payment to Grantee for
expenses shall be limited as specified in Article 7 of this Agreement.
C. Paragraph 5 in Exhibit C is replaced by Article 18 of this Exhibit.
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EXHIBIT B
Grant Agreement K8963454
City of Newport Beach
FY2018/2019 CVA Pump -out Grant
Scope and Cost Estimate
Grantee: City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Contact: Chris Miller, Public Works Director
Ph: 949/644-3043
Site Details: The City of Newport Beach (City) owns, operates, and maintains
five free public sewage pumpouts in Newport Harbor (Harbor). This area is a
designated "NO -Discharge Zone" in Orange County. The Harbor contains
1200 residential docks, 1208 moorings, and approximately 2,300 slips in
commercial recreational marinas. The publically accessible pumpouts are
strategically located along routes to/from the Harbor entrance. Pumpouts are
not manned and there are no fees. The City does not know the number of
usages per pumpout, however, the City states that the five pumpouts
cumulatively have logged 78 hours of use the last quarter (a non -busy boating
quarter). The pumpouts are available 24 -hours a day, 7 -days a week.
Current Status: All five pumpouts were installed with CVA funds over 7 years
ago, reaching their expected useful life. The City states that all the pumpouts
are showing signs of wear and strain despite replacing parts and continuous
maintenance. The pumpouts are located on the public docks at the following
locations:
Location Qty
Washington Street Public Pier 1
Fernando Street Public Pier 1
Balboa Yacht Basin 1
15th Street Pumpout Pier/American Legion 2
Each pumpout is connected to a public wastewater collection system
Permits: Replacement only, none required
Pump -Out Fees: None
Project Scope: The Marina is requesting a replacement grant agreement in the
amount of $79,705.57. The grant will partially pay for five new Peristaltic Pumping
Systems, labor, installation, parts, and five Pumpout Monitoring Devices. Total
estimated project cost is $106,274.10. The Marina states that no commercial or live -
aboard vessels use the pumpouts; therefore, there is no proration. The total eligible
project cost is $106,274.10. The labor costs of $5,651.50 plus an additional
$20.917.03 cash match will satisfy the required 25% project match. Invoices, proof
of payment, and signed time sheets noting hours worked toward this project and
EXHIBIT B
Grant Agreement #C8963454
direct pay rates including benefits are required to substantiate labor costs used
toward the match requirement.
Management, supervision, or administration by the grantee are not eligible costs for
reimbursement. Each grant reimbursement request is subject to the 25% minimum
match requirement.
Cost Estimate
Descri#ion
Estimate
5 Replacement pumpouts, parts, 2 -year pumpout
electronic monitoring
Installation costs (labor and material)
100,622.60
5,651.50
Total Project Costs
106,274.10
Less 0% proration for commercial use
0.00
Eligible Total Project Cost
$106,274.10
Less required match 25% of Eligible Total Project Cost
$26,568.53
Total Maximum Grant:
$79,705.57
GTC 04/2017
EXHIBIT C
GENERAL TERMS AND CONDITIONS
Grant Agreement C8963454
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral understanding or
Agreement not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,
the Bureau of State Audits, or their designated representative shall have the right to review and
to copy any records and supporting documentation pertaining to the performance of this
Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three
(3) years after final payment, unless a longer period of records retention is stipulated. Contractor
agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records.
Further, Contractor agrees to include a similar right of the State to audit records and interview
staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub.
Contract Code § 10115 et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any
and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation
furnishing or supplying work services, materials, or supplies in connection with the performance
of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm or corporation who may be injured or damaged by Contractor in the performance of this
Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at the
time and in the manner herein provided. In the event of such termination the State may proceed
with the work in any manner deemed proper by the State. All costs to the State shall be deducted
from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to
the Contractor upon demand.
Grant Agreement C8963454
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers or
employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post consumer material as defined in the Public
Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the
State regardless of whether the product meets the requirements of Public Contract Code Section
12209. With respect to printer or duplication cartridges that comply with the requirements of
Section 12156(e), the certification required by this subdivision shall specify that the cartridges so
comply (Pub. Contract Code § 12205).
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract's benefits to any person on the basis of race,
religious creed, color, national origin, ancestry, physical disability, mental disability, medical
condition, genetic information, marital status, sex, gender, gender identity, gender expression,
age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully
against any employee or applicant for employment because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression, age, sexual
orientation, or military and veteran status. Contractor shall insure that the evaluation and
treatment of employees and applicants for employment are free of such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2
of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit access
by representatives of the Department of Fair Employment and Housing and the awarding state
agency upon reasonable notice at any time during the normal business hours, but in no case less
than 24 hours' notice, to such of its books, records, accounts, and all other sources of information
and its facilities as said Department or Agency shall require to ascertain compliance with this
clause. Contractor and its subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other agreement.
(See Cal. Code Regs., tit. 2, § 11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES
contained in the document CCC 04/2017 are hereby incorporated by reference and made a part
of this Agreement by this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
2
Grant Agreement C8963454
13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance
with the laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or
materials by the State or any of its political subdivisions or public agencies on whose behalf the
Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public
purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is
accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, materials, or services by the
bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and
become effective at the time the purchasing body tenders final payment to the bidder.
Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor
shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand,
recover from the public body any portion of the recovery, including treble damages, attributable
to overcharges that were paid by the assignor but were not paid by the public body as part of the
bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code
Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been or may
have been injured by the violation of law for which the cause of action arose and (a) the assignee
has not been injured thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
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Grant Agreement C8963454
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5
of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment
orders of all employees and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be affected thereby.
18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions funded
by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200
in accordance with Pub. Contract Code § 10353.
19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation,
then Contractor must within 60 days of receiving final payment under this Contract (or within
such other time period as may be specified elsewhere in this Contract) report to the awarding
department the actual percentage of small business participation that was achieved. (Govt. Code
6 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment
under this Contract (or within such other time period as may be specified elsewhere in this
Contract) certify in a report to the awarding department: (1) the total amount the prime
Contractor received under the Contract; (2) the name and address of the DVBE(s) that
participated in the performance of the Contract; (3) the amount each DVBE received from the
prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5)
the actual percentage of DVBE participation that was achieved. A person or entity that
knowingly provides false information shall be subject to a civil penalty for each violation. (Mil.
& Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER:
If this contract involves the furnishing of equipment, materials, or supplies then the following
statement is incorporated: It is unlawful for any person engaged in business within this state to
sell or use any article or product as a "loss leader" as defined in Section 17030 of the Business
and Professions Code. (PCC 10344(e).)
0
L
.10
December 23, 2019
California State Parks
Division of Boating and Waterways
Boating Facilities Development and Financing Unit
One Capitol Mall, Suite 500
Sacramento, CA 95814
Dear Mr. Kent and Ms. Fowler,
100 Civic Center Drive
Newport Beach, California 92660
949 644-3311 949 644-3020 FAX
newportbeachca.gov
Enclosed, you will find the City of Newport Beach's application for the Clean Vessel Act
Grant. Below, you will find supplemental information in response to certain application
questions:
13. Newport Harbor is one of the largest recreational harbors in Southern California,
encompassing approx. 900 acres. Within the harbor there are:
+ 1,200 residential docks, which can accommodate vessels of varying sizes, 30 feet to
90 feet.
• 1,208 moorings, which can accommodate vessels of varying sizes, 25 feet to 90 feet
(average of 45 feet).
* 60 commercial marinas with approximately 2,300 slips combined.
Occupancy can be hard to calculate, given the number of slips, moorings and docks within
Newport Harbor. However, we do have waiting lists for some of our slips and off -shore
moorings.
14. Within the mooring and slip category mentioned previously, slips and moorings range
between the following sizes:
• 4 slips for a 20' — 25' vessel
219 slips/moorings for a 26'— 39' vessel
« 470 slips/moorings for a 40'— 64' vessel
• 31 slips/moorings for vessels over 65'
15. Given the size of Newport Harbor, it is very hard to calculate the amount of transient
vessels. We have no metric to count the amount of visiting vessels to our harbor.
Page 2
19. The following are the NOAA coordinates for the five City owned pumpout stations in
Newport Harbor, which we seek financial assistance to replace. Attached, you shall find a
map depicting the locations.
• 15th Street Pumpout Pier/American Legion (Two pumpout stations)
-, 330 36' 30.15" N and 117° 55' 13.28" W
• Fernando Street Public Pier
33036' 18.88" N and 1170 54'08.93"W
• Washington Street Public Pier
o 33'36'11.76" N and 1170 53'57.89"W
• Balboa Yacht Basin (City of Newport Beach Marina)
33° 36' 34.44" N and 117° 53' 47.84" W
20. All five of our pumpouts are free to use and are open for use 24 hours a day, 365 days a
year. We do not have a metric to calculate the number of users of each of our pumpouts,
however, we do have hour meter readings that are submitted to us from our maintenance
contractor after every quarterly inspection. Our 2019 quarterly average are as follows:
• 151h Street Pumpout Pier/American Legion #1: 31 hours
• 15th Street Pumpout Pier/American Legion #2: 19 hours
• Fernando Street Public Pier Pumpout: 10 hours
• Washington Street Public Pier Pumpout: 4 hours
• Balboa Yacht Basin Pumpout: 14 hours
Thank you for your time and consideration. Please contact me at
cmiller cr.newportbeachca.go%i or 949-644-3043 if you have any questions.
Chris Miller
Public Works Manager
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CALIFORNIA STATE PARKS
DIVISION OF BOATING AND WATERWAYS (DBW)
CLEAN VESSEL ACT GRANT APPLICATION
Please provide the following information about your facility. The more complete and accurate the
information, the stronger your application will be. Complete all sections and check all items that
apply. This application may be used for pump out installation or operations and maintenance,
dump stations, and operations and maintenance of floating restrooms. Return two full sets of
the completed application to: California State Parks, Division of Boating and Waterways
(DBW), Attn: Ron Kent, One Capitol Mall, Suite 500, Sacramento, CA 95814.
This application must be approved by DBW with a fully executed grant agreement prior to
the purchase of any parts or work performed for which grantee may seek reimbursement.
1. Applicant: City of Newport Beach
Authorized Representative for Application Submission: Melanie Franceschini - Admin Analyst
Name of Contact person: Chris Miller - Administrative Manager
Telephone No :(949)11±-3043 Fax No:( )
Email: cmiller@newportbeachca.gov
2. Facility Name: City of Newport Beach - Marina Park
1 Facility Address: 1600 W. Balboa Boulevard
Newport Beach, CA 92663
t. Mailing Address (If Different): City of Newport Beach - Public Works Department
100 Civic Center Drive - Bay 2D, Newport Beach, CA 92660
5_ Facility Ownership: Private Commercial Private Non -Profit
X Public Agency Other:
h. Facility Owner: City of Newport Beach
1, Owner Address: 100 Civic Center Drive, Newport Beach, CA 92660
�. Water body facility is located on: (name of harbor, river, etc.)
Newport Harbor
County: Orange
9. Facility's NOAA chart coordinates:
Latitude: 33.607310
Longitude: -117.922141
10. Type of project: (check all that apply)
Replacement/
New Construction ✓ _ Renovation Operation and Maintenance
H. Type of Facility: Marina Boatyard Yacht Club Other: (describe) Public Pumpout Station
12. Describe this facility: ✓ Home Port _✓ Destination ✓ Stop -off for Tourists
Off -Shore & On -Shore Residential
13. Number of: 184 Slips 1208 Moorings 1200 Bth+ Docks Up to 965 Guest Moorings
(City managed)
Occupancy rate See supplemental information
14. Number of boats by size: See supplemental information
20' to 25'-11" 26'to 39-11" 40' to 64'-1 1" over 65'
visiGn1 See supplemental
15. Estimate the avera c number of transient boaLs that use k,:,:. faci11" each munth information
16. Number of live -aboard vessels (residential boats): 51
17. Pumpout service now at this site: ✓ _ YES NO How Many? 5 existing pumpouts
18. Dump Station now at this site: YES ✓ NO How Many? _
(for vessel "Porta Potties")
19. If you answered yes to Questions 17 or 18, give NOAA coordinates for each
pumpout/dump station and check whether it is a pumpout (PO) or dump station (DS). If
more than two, attach information on a separate sheet: See supplemental information
(l.) Latitude: (2.) Latitude:
Longitude: Longitude:
PO DS PO DS
20. If you have a pumpout or dump station, estimate the number of users per month:
Pumpout Station: See supplemental information Dump Station: N/A
21. Is this facility in a "No Discharge Zone"? (See Page 9) ✓ YES NO
Name of Zone: Newport Bay
22. Is this facility in the following areas (Check all that apply): N/A
Shellfish Harvest Area Sheltered Waters
_ Waters of National Significance Waters of Significant Recreational Value
Waters that do not meet State Designated Usage
State and Federal Designated Nursery Areas of Indigenous Aquatic Life
23. Are restrooms available on-site: YES ✓ NO There are public restrooms available within 300 ft
of our Washington Street Public Pier and within
800 ft of our 15th Street Pumpout Pier.
i' 1
PROJECT PROFILE
Please provide the following information on your proposed project. The more complete and
accurate the information, the stronger your proposal will be. Complete alisections and check all
items that apply.
Describe the proposed project:
The City of Newport Beach is seeking assistance to replace all of its aging pump -outs. Despite replacing
aging parts and continual maintenance, the pumps are showing signs of wear and strain. This is also due
in part to the constant use of the pumps, which are open and free for public use 24 hours a day, seven
days a week. The City of Newport Beach wishes to maintain high water quality standards in Newport
Harbor and improve the recreational boaters' ability to easily and properly discharge vessel waste. This
is particularly important since Newport Harbor is host to a large amount of permanent and visitor
vessels. The total approximate cost for replacing our five pumpouts is $106,274.10. The City of Newport
Beach requests that the Department of Boating and Waterway award the Clean Vessel Act Grant for a
pumpout replacement reimbursement in the amount of approximately $79,705.57, whereas the City
will be responsible for approximately $26,568.53.
2. Intended Placement and Location of Pumpout/Dump Station Equipment (provide area
map): Fuel Dock ✓ Other Dock On Bulkhead Mobile
Other (specify): Public Docks: Washington Street. Fernando Street, Balboa Yacht Basin, and
two pumpouts at 15th Street/ American Legion
How many hours per day will the pumpout facilities be available to the public? 24 hours/day
4. Minimum water depth at proposed pumpout location.
(Average minimum depth during boat season): 10 tf.
5. Contents from boat holding tanks shall be discharged to:
(>() A public wastewater collection system.
t A holding tank whereby sewage may be safely stored until it is taken in an
authorized manner to an approved treatment facility.
( ) Directly to an on-site septic system. Required: Submit documentation of
approval from local health official certifying that sufficient sewage disposal
capacity is available for the pumpout facility(ies).
6. Do you plan to charge for pumpout/dump station use? YUS 0
7. If yes to Question 6, how much will you charge (note: Federal funding limits the fee to
$5 maximum? $ N/A
f 3
PARTNERSHIPS
Partnerships with others such as a local government, private sector, or other community
based organizations are encouraged. List all organizations who will be participating with
you on the project, their contact person, address, phone number, and their role in the
project. tPartnerships are groups/individuals who are providing financial assistance
to the proiect either in cash, labor, or materials necessary to complete the project.)
NIA
[41
PERMITS
The applicant is responsible for obtaining all necessary State and local permits associated with
their proposed project.
All necessary permits must be issued prior to beginning of construction and a copy of each
permit must be on file with the DBW before any request for reimbursement will be approved.
List those permits required for your project:
1. None. Pumpouts are already permited and the public docks are constructed and in use.
2.
3.
4.
5.
6.
[5]
ESTIMATED COSTS AND FUNDING
A. ESTIMATED COSTS
1. Cost of Pumpout/Dump Station $ 100,622.60
2. Installation Costs $ 5,651.50
3. Construction Costs $ 0
4. Engineering Costs $ 0
5. Permit Fees $ 0
6. Other Costs (Specify) $ 4
Total $ 106,274.10
B. REQUIRED MATCH:
Grant applicants must provide a minimum of 25% of the total project cost for the new
construction, rehabilitation, or operation and maintenance of the pumpout and/or dump station
facilities. The 25% match can be cash, labor (as demonstrated with invoices or signed time
sheets), materials provided, or a combination thereof.
8. Cash Amount $
9. Value of any labor or materials you will
provide. (Attach a detailed breakdown) $
10. Other (Specify) $
11. Total Match (Min of 25% of total project costs required) $ $26,568.53
Total Project Cost $ 106,274.10
C. ATTACHMENTS:
Attach a copy of all bids, estimates, and a description and value for any in-kind match
(See #9 above) for this proprns.,il.
*Estimates are subject to change
D. CERTIFICATION:
I certify that I am the authorized representative for this organization, the above is true and
correct, and I hereby submit this application for consideration for federal funding:
l
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Cbl
BEST MARINE
.� SOLUTIONS
CLEM } GREEN I SAFE I SMART
Newport Beach, City of Newport Beach, City of
3335 West Coastal Hwy. 3335 West Coastal Hwy.
Newport Beach, CA, 92663 Newport Beach, CA, 92663
Quote
SHies Person:
Date Created:
Valid until:
Quote
71
Larry Elias
2019-10-22 16:20:37
2020-03-27
EMP Industries
1330 2nd St South
St. Petersburg FL 33701
Phone: 800-355-7867
Subtotal:
5.00
5.00
PWtJ
H-301-39
PumpWatcher
$2,632.00
$13,160.00
Shipping
$0.00
Hose assembly 30'Hose Assembly
$395.00
$1,975.00
30 - Includes 30 Foot 1 1/2 Inch
suction hose & nozzle assembly
2.00
STB201
Remote stanchion w/ push buttons
$797.00
$1,594.00
SanlSailor Remote
Stanchion-On/OFF push buttons
Hose connection hose hanger
5.00
X400
X400 pump -out systemSaniSailor
$13,737.00
$68,685.00
Sentinel X 400 Permanent
Pump -out System/ 40 GPM Motor 5
HP
5.00
X-400 KIT
X-400 Rebuild IGt
$1,135.00
$5,675.00
1.00
SHIP
Shipping
$1,520.00
$1,520.00
EMP Industries
1330 2nd St South
St. Petersburg FL 33701
Phone: 800-355-7867
Subtotal:
$92,609.00
Email: sales@empind.met
Tax:
$8,013.60
Website: www.bestmarinesolutions.com
Shipping
$0.00
Total
$100,622.60
Terms: 50% Deposit, Balance Prior to Shippingl Shipping is an estimate only. 1 - 1
'vifebsite:
www.southMooring.com
License # 957414
email: abiesouth@yahoo.com
Harbor Department
Attn. Chris Miller
100 Civic Center Dr.
Newport Beach, CA 92660
Dear Chris
South Mooring Company
a division of Newport Dredging Co. Inc.
This is an estimate to install a new pump Washington Street
Noel
$ 800.00
2 helpers
$ 280.00
Travel time
S 40.00
Parts
S 172.50
Total
$1,2192.50
Job will be out of service 1 days
Sincerely, '
c
r r
Chuck South
949-645-0334
P.O. Box 528
Newport Beach, CA 92661
Direct: 949,645.0334
Fax: 949.645,1041
Billing: 949.423.982.3
August 28, 2019
Received by J.8
Office of the City Manages
VVebsite:
,Nww.5outhMooring.com
license 9 957414
email: ablesouth@yahoo.com
Harbor Department
Ann. Chris Miller
100 Civic Center Dr.
Newport Beach, CA 92660
Dear Chris
-71 --
South Mooring Company
a division of Newport Dredging Co. Inc.
This is an estimate to install a new pump Fernando Street
Noel
$ 800.00
2 helpers
$ 280.00
Travel time
$ 40.00
Parts
S 172.50
Total
$1,292.50
Job will be out of service 1 days
Sir�erely, '
f�
Chuck South
949-645-0334
PO. Box :528
Newport Beach, CA 92661
Direct: 949.645.0334
Fax: 949.645.1441
Billing; 949.423.9823
August 28, 2019
err r.W iVEwp+�q- �E~
4&rs a
�� at tris Cky �rlan�.r
4 { i. tr
v�.v�n,� ivUFhMOOr�tlf�.c-�.nn
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Harbor Department
Atter Chris Miller
100 Civic Center Dr.
Newport Beach, CA 92660
Dear Chris
.icath A4<)ur+nq Cc,
r ii+•,'rq'n + •l���. f u :, r r.0 .. 711,.!
This is an estimate to install a new pump at IP Street North pump
Noel
S 600.00
2 helpers
280.00
Travel time
$ 40.00
parts
$ 92.00
Total
$1,012.00
Job will be out of service 1 days
Chuck South
949-645-0334
August 28, 2019
Website:
,njww.5outhMooring.com
License # 951414
arnail: ablesouth@yahoo.com
Harbor Department
Attn. Chris Wier
100 Civic Center Dr.
Newport Beach, CA 92660
Dear Chris
l
1
South Mooring Company
a division of Newport Dredging Co. Inc.
This is an estimate to install a new pump at 15th Street South pump
Noel
3 600,04
2 helpers
$ 280.00
Travel time
$ 40.00
Parts
$ 92.00
Total
$1,012.00
Job will be out of service 1 days
S ln+�erely,
Chuck South
949-645-0334
PO. Box 528
Newport Beach, CA 92661
Direct: 949.645.0334
Fax: 949,645,1041
Billing: 949.4 23.982 3
August 28, 2019
CITY OF NEWPORT BEACH
Received by J.B
Office of the City Manager
`llebstte
n,avYf SouEhMeornny.4om
# 95 74 t t
Ut tCl�,._rlrfl�l'y yr1:.J _
Harbor Department
Attn. Chris Miller
100 Civic Center Dr.
Newport Beach, CA 92660
Dear Chns
South Mooring Company
I :ti4is+ol: ar Newoort "rengtng Co 1114:
This is an estimate to install a new pump Balboa Basin Marina
Noel
2 helpers
Travel time
Parts
Total -
Job will be out of service 1 days
$ 600.00
280.00
$ 70.00
.3 92.00
$1,042.50
Chuck South
949-645-0334
August 28, 2019
APPENDIX A
TERMS AND CONDITIONS
IN SUBMITTING THIS PROJECT PROPOSAL, THE APPLICANT HEREBY ACCEPTS THE
TERMS AND CONDITIONS SET FORTH AS FOLLOWS.-
A.
OLLOWS:
A. No construction of additional slips or additional on -shore facilities is authorized by this
grant.
B. The marine pumpout/dump station shall be used for the collection of boat sewage only.
No bilge or oily waste shall be collected in the marine pumpout/dump station.
C. Plans and specifications for the pumpout/dump facilities shall be submitted and approved
(as required) to the local Health Department or Building Department prior to construction
of the marine sewage pumpout/dump station and proof of such submission shall be
submitted to DBW.
D. Specifications for the pumpout equipment to be purchased under the grant must be
submitted to the DBW for review and approval prior to construction start -up -
E, The design of the project is the responsibility of the applicant. All necessary permits must
be secured by said applicant, who is responsible for compliance with all permit
requirements, state and local codes, and the inspection of the project to insure compliance
of materials, products, and workmanship with the approved plans and specifications.
Periodic inspections and a final acceptance visit shall be made by the DBW to insure
funds are properly spent. These visits will not include design/engineering adequacy nor
State and Local code compliance as these items are the responsibility of the installer.
Any changes to the approved grant work must be approved by the DBW prior to
construction to be eligible for reimbursement.
Ci. Three complete sets of the following documents must be supplied to the DBW before a
request for reimbursement can be processed:
L A wet -signed reimbursement request (cover letter) on company letter head
identifying the grant agreement number, reimbursement amount requested, match
provided, time period and description of work performed, and project status.
2. An itemized statement of all project costs listing the amount spent on all permits,
equipment, labor, or contractor or subcontractor.
;, One (1) copy of any permits required by applicable State and Local agencies.
4. Copies of all invoices, cancelled checks (proof of payment), and signed time
sheets which identify work performed.
[7l
H. The applicant will post signage that includes: 1. a standardized logo Pumpout/Dump
Station sign which credits the U.S. Fish and Wildlife Service and the DBW; and 2. fees,
restrictions, hours of operation, operating instructions, and a contact name and telephone
number to call if the facility is inoperable.
1. Unless otherwise stipulated in the grant agreement a maximum $5.00 fee may be charged
for the use of the pumpout and dump stations constructed with grant funds. All fees
collected for the use of grant funded pumpout or dump stations shall be used solely for
the operation and maintenance costs of the equipment.
J. The applicant agrees to operate and maintain the proposed project in good working order,
inclusive of necessary supervision for the full term of the agreement. The minimum term
shall be seven (7) years from the date of DBW acceptance or as otherwise stipulated in
the vessel pumpout contract agreement, whichever is greater.
K. If the applicant ceases to operate and maintain the completed project as pumpout/dump
facility, or changes the integrity of the facility, grant funds paid by DBW shall be
reimbursed to DBW by the applicant on a prorated basis.
L. The applicant will:
Hold the State of California and its officers and agents free from damages that
may result from the construction of the project and use of the facility;
2. Accomplish, without liability to the State of California, any alterations or
relocations, as required for sewer, water supply, or any other utility facilities.
�. All recreational vessels must have reasonable access to pumpout and dump station facilities
funded under this grant program. Grant funded facilities shall continue to be accessible for
the full term of the grant period.
N. All pumpout and dump station facilities funded under this grant shall be OPEN AND
AVAILABLE TO THE PUBLIC. OPEN AND AVAILABLE TO THE PUBLIC means that
all recreational users shall have full and reasonable access to the pumpout/dump station for
the purpose of sewage disposal. Fees shall be equal for all recreational pumpout users at a
facility open and available to the public. However, members and customers may prepay for
pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would
not be needed for those members and customers.
0. All new and replacement pumpout systems shall be provided with a wireless, real time
monitoring, data collection and reporting system. The monitoring system shall be factory
installed by the pumpout manufacturer. The monitoring system shall be a (1) MarineSync
[(888) 988 -SYNC (7962)], Model MS 1 - Plug & Play Package w/2 -Year Data Plan (p/n
MSO 101.002); (2) PumpWatcher Co. [(727) 641-1936] Monitoring System #PW -RSI w/2-
Year Data Plan or approved equal.
[$l
PAll new construction, renovation, and operation and maintenance grants shall be subject to
periodic die testing for the term of the grant agreement. This testing may be performed by
representatives of DBW and/or marina staff. The purpose of the testing is to identify any
previously undetected issues in the pumpout system and related plumbing to shoreline
facilities so they can be addressed promptly as to prevent waterbody pollution and possible
fines that may be imposed by environmental agencies.
191
Appendix B
"INTO DISCHARGE AREAS"
IN THE STATE OF CALIFORNIA
Federal law prohibits the discharge of any vessel waste into the following waters:
1. LAKE TAHOE - PLACER AND EL DORADO COUNTY'S OF CALIFORNIA, WASHOE,
STOREY, AND DOUGLAS COUNTY'S OF NEVADA
2. MISSION BAY - SAN DIEGO COUNTY
3. SAN DIEGO BAY - SAN DIEGO COUNTY (Less than 30 feet mean lower low water)
4. OCEANSIDE HARBOR - SAN DIEGO COUNTY
5. DANA POINT HARBOR - ORANGE COUNTY
6. UPPER AND LOWER NEWPORT BAY - ORANGE COUNTY
7. SUNSET AQUATIC PARK (SUNSET BAY) - ORANGE COUNTY (Inland of Pacific
Coast Highway Bridge)
8. HUNTINGTON HARBOR - ORANGE COUNTY
9. CHANNEL ISLANDS HARBOR - VENTURA COUNTY
10. AVALt N BAY HARBOR - LOS ANGELES COUNTY
11. RICHARDSON BAY HARBOR - MARIN COUNTY
[101
Appendix C
Risk Assessment questionnaire
I. History - List previous federally funded projects at your facility.
Due to the nature of this grant application, we are only listing federally funded project regarding the Harbor:
-Federal Channels Dredging Project with the U.S. Army Corps of Engineers
-Department of Boating & Waterway: SAVE Grant, Clean Vessel Act Installation, Boating Infrastructure Grant
2. Staff - Describe level and qualifications of key staff that will be managing the federally
funded project.
Project will be overseen by City of Newport Beach Public Works Manager Chris Miller and will have the
support of several administrative analysts. The City has extensive experience in the management of
federally funded projects. After the completion of the projects, the pumpouts themselves will be managed
by the Harbor Department personnel and will be inspected weekly by City staff and a 3rd party contractor.
3. Performance - Describe results of past federally funded projects. Include outcome of
deliverables, if schedules were met and if scope items were completed as planned.
Although the City of Newport Beach and the U.S. Army Corps of Engineers worked as partner for the
Federal Channels Dredging Project, the Corps maintained management responsibility of the overall
project. The City has successfully managed all DBW Grants. All projects have been completed successfully.
4. Reporting - Describe your agencies experience in providing project status reports to DBW in
a timely manner.
The City has received grants from the Department of Boating and Waterways in the past for Clean Vessel
Act Installations, Boating Infrastructure Grant and the SAVE Grant program. The City complies with the
reporting as required by each grant.
5. Audit History - Describe any adverse/disclaimer audit findings of your agency. Has your
agency been found to have internal control issues or been found to be non-compliant with
federally funded programs regulations. Include any requirement to submit an A-133 report to the
Single Audit Clearing House.
The City of Newport Beach has not been found to have any internal control issues not been found to be
non-compliant with federally funded program regulations.
Appendix D
Debarment and Suspension Certification
Title 49, Code of Federal Regulations, Part 29
The Code of Federal Regulations requires that any recipient of federal funding (grantee, vendor,
etc), must be free from department or suspension by any federal agency. Therefore, both the
grantee and its vendors/supplies must certify as such. This certification must be provided by
grantee when submitting the application for funding. Certification by vendors/suppliers is
required prior to execution of grant agreement.
Provide a signed statement on grantee letterhead certifying the following:
" Opplicants Name and Title), under penalty of perjury I certify that, except as noted below,
(owner) or any other person associated therewith in the capacity of owner, partner, director,
officer, and manager:
Is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;
Has not been suspended, debarred, voluntary excluded or determined ineligible by any
federal agency within the past three (3) years;
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil,judgment rendered against it by a court
of competent jurisdiction in any matter involving fraud or official misconduct within the
past three (3) years.
Signature Date "
If there are any exceptions to this certification, attach to certification letter.
For any exception noted in the attachment, indicate to whom it applies, initiating agency, and
dates of action.
Exceptions will not necessarily result in the denial of award, but will be considered in
determining bidder responsibility. The signed letter will become part of the Application.
[12]
December 23, 2019
California State Parks
Division of Boating and Waterways
Boating Facilities Development and Financing Unit
One Capitol Mall, Suite 500
Sacramento, CA 95814
CITY OF NEWPORT BEACH
100 Civic Center Drive
Newport Beach, California 92660
949 644-3001 1 949 644-3020 FAX
newportbeach ca.gov
Grace Leung — City Manager, under penalty of perjury, certifies that the City or any other
person associated therewith in the capacity of owner, partner, director, officer, and
manager:
Is nor currently under suspension, debarment, voluntary exclusion, or determination
of ineligibility by any federal agency;
Has not been suspended, debarred, voluntary excluded or determined ineligible by
any federal agency within the past three (3) years;
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official misconduct
within the past three (3) years.
Sign re Date